Download Code of Ethics

CODE OF ETHICS
OBJECTIVES
This Code has been adopted by the Australian Association of National Advertisers
(AANA) as part of advertising and marketing self regulation. Its object is to ensure
that advertisements and other forms of marketing communications are legal, decent,
honest and truthful and that they have been prepared with a sense of obligation to
the consumer and society and a sense of fairness and responsibility to competitors.
This Code comes into effect on 1 January 2012. It replaces the previous AANA Code of Ethics and applies to all advertising and
marketing communications on and from 1 January 2012.
This Code is accompanied by a Practice Note which has been developed by AANA. The Practice Note provides guidance to
advertisers, complainants and the Advertising Standards Board (Board) in relation to this Code.
DEFINITIONS AND INTERPRETATION
In this Code, unless the context otherwise requires:
Advertising or Marketing Communications means any
material which is published or broadcast using any Medium
or any activity which is undertaken by, or on behalf of an
advertiser or marketer, and
•over which the advertiser or marketer has a reasonable
degree of control, and
•that draws the attention of the public in a manner calculated
to promote or oppose directly or indirectly a product,
service, person, organisation or line of conduct,
but does not include Excluded Advertising or Marketing
Communications.
Advertising or Marketing Communications to Children
means Advertising or Marketing Communications which,
having regard to the theme, visuals and language used,
are directed primarily to Children and are for Product.
“Product” is defined in the Code for Advertising & Marketing
Communications to Children as follows: Product means
goods, services and/or facilities which are targeted toward
and have principal appeal to Children.
The Board means the board appointed by the Advertising
Standards Bureau from time to time, the members of which
are representative of the community, to administer a public
complaints system in relation to Advertising or Marketing
Communications.
Children means persons 14 years old or younger and Child
means a person 14 years old or younger.
Excluded Advertising or Marketing Communications
means labels or packaging for products, public relations
communications (corporate or consumer) and related activities
and, in the case of broadcast media, any material which
promotes a program or programs to be broadcast on that
same channel or station.
Medium means any medium whatsoever including without
limitation cinema, internet, outdoor media, print, radio,
telecommunications, television or other direct-to-consumer
media including new and emerging technologies.
Prevailing Community Standards means the community
standards determined by the Advertising Standards Board as
those prevailing at the relevant time in relation to Advertising
or Marketing Communications. Prevailing Community
Standards apply to clauses 2.1 – 2.6 below. The determination
by the Board shall have regard to Practice Notes published
by AANA and any research conducted by the Advertising
Standards Bureau.
SECTION 1 COMPETITOR COMPLAINTS1
1.1 Advertising or Marketing Communications shall comply
with Commonwealth law and the law of the relevant State
or Territory.
1.2 Advertising or Marketing Communications shall not be
misleading or deceptive or be likely to mislead or deceive.
1.3 Advertising or Marketing Communications shall not
contain a misrepresentation, which is likely to cause
damage to the business or goodwill of a competitor.
1 Complaints under Section 1 are made to the Advertising Claims Board,
http://www.adstandards.com.au/process/claimsboardprocess
Australian Association of National Advertisers Suite 301, 100 William Street Sydney NSW 2011 P +61 2 9221 8088 F +61 2 9221 8077 E [email protected] W www.aana.com.au
1 January 2012
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CODE OF ETHICS
1.4 Advertising or Marketing Communications shall not
exploit community concerns in relation to protecting the
environment by presenting or portraying distinctions in
products or services advertised in a misleading way or in
a way which implies a benefit to the environment which
the product or services do not have.
2.4 Advertising or Marketing Communications shall treat sex,
sexuality and nudity with sensitivity to the relevant audience.
1.5 Advertising or Marketing Communications shall not make
claims about the Australian origin or content of products
advertised in a manner which is misleading.
2.6 Advertising or Marketing Communications shall not depict
material contrary to Prevailing Community Standards on
health and safety.
SECTION 2 CONSUMER COMPLAINTS2
SECTION 3 OTHER CODES
2.1 Advertising or Marketing Communications shall not
portray people or depict material in a way which
discriminates against or vilifies a person or section of
the community on account of race, ethnicity, nationality,
gender, age, sexual preference, religion, disability, mental
illness or political belief.
3.1 Advertising or Marketing Communications to Children
shall comply with the AANA’s Code of Advertising &
Marketing Communications to Children and section 2.6
of this Code shall not apply to advertisements to which
AANA’s Code of Advertising & Marketing Communications
to Children applies.
2.2 Advertising or marketing communications should not
employ sexual appeal in a manner which is exploitative
and degrading of any individual or group of people.
3.2 Advertising or Marketing Communications for motor
vehicles shall comply with the Federal Chamber of
Automotive Industries Code of Practice relating to
Advertising for Motor Vehicles.
2.3 Advertising or Marketing Communications shall not
present or portray violence unless it is justifiable in the
context of the product or service advertised.
2.5 Advertising or Marketing Communications shall only
use language which is appropriate in the circumstances
(including appropriate for the relevant audience and
medium). Strong or obscene language shall be avoided.
3.3 Advertising or Marketing Communications for food or
beverage products shall comply with the AANA Food
& Beverages Advertising & Marketing Communications
Code as well as to the provisions of this Code.
This section does not form part of the Code of Ethics and is provided here for
information only.
COMPLAINTS UNDER THE AANA SELF REGULATORY SYSTEM
Complaints about the content of an advertisement or marketing communication can be made under this Code and the other
AANA Codes to the Advertising Standards Bureau3.
You can make a complaint by:
•Lodging a complaint online at:
http://www.adstandards.com.au/process/theprocesssteps/makingacomplaint
•Writing a letter (and sending via post or fax) to:
The Advertising Standards Bureau
Level 2
97 Northbourne Avenue
TURNER ACT 2612
Fax: (02) 6262 9833 Once the Advertising Standards Bureau has received your complaint, it then assesses the complaint to determine whether it
is eligible for consideration by the Advertising Standards Board. The Board is the body established to consider complaints. If
accepted the advertiser/marketer is notified and a response is requested. The complaint is then considered by the Board and
the advertiser and complainant are advised of the determination. A case report is then published.
The original complainant or advertiser/marketer can also ask for a review of the determination.
2 Complaints under Section 2 are made to the Advertising Standards Board http://www.adstandards.com.au/process/theprocesssteps
3 If your complaint is about a program (not an advertisement) on television or radio, please contact the relevant industry body.
Australian Association of National Advertisers Suite 301, 100 William Street Sydney NSW 2011 P +61 2 9221 8088 F +61 2 9221 8077 E [email protected] W www.aana.com.au
1 January 2012
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